2010 Tennessee Code
Title 38 - Prevention And Detection Of Crime
Chapter 6 - Tennessee Bureau of Investigation
Part 1 - General Provisions
38-6-103 - Forensic services division Purchase of breathalyzer tests by local governments.

38-6-103. Forensic services division Purchase of breathalyzer tests by local governments.

(a)  The forensic services division shall consist of experts in the scientific detection of crime. The director is empowered to employ, either upon a temporary or permanent basis, but is not limited to, ballistics experts, pathologists, toxicologists, experts in the detection of human bloodstains and fingerprint experts and such other persons of expert knowledge in the detection of crime as may be found feasible. It shall be the duty of the forensic services division to keep a complete record of fingerprints obtained by it through exchange with the federal bureau of investigation, with similar bureaus in other states and from fingerprints obtained in this state. Each peace officer of this state, upon fingerprinting any person arrested, shall furnish a copy of the fingerprints to the forensic services division of the bureau. Likewise, such fingerprints as are now on file at the state penitentiary shall be transferred from the penitentiary to the bureau and maintained by it. Each person received at the state penitentiary shall be fingerprinted and a copy of the fingerprints furnished to the bureau. The bureau is authorized to exchange with the federal bureau of investigation any and all information obtained by the bureau in the course of its work and to request of the federal bureau of investigation such information as the bureau may desire.

(b)  The services of the forensic services division may be made available by the director to any district attorney general of this state, the chief medical examiner and all county medical examiners in the performance of their duties under the post-mortem examination law or to any peace officer upon the approval of the district attorney general of the district in which such peace officer is located. The forensic services division likewise is authorized to avail itself of the services of any and all other departments of the state where the same may be of benefit to it, including, but not limited to, the state chemists and other expert personnel.

(c)  The Tennessee crime laboratory and all regional crime laboratories shall be under the supervision of the director of the bureau or the director's designated representatives.

(d)  (1)  (A)  The following fees shall be adjudged as a part of the costs in each case upon conviction of the following offenses:

                (i)  Controlled substances, narcotics, drugs  . . . . .  $20.00

                (ii)  Driving a motor vehicle, or operating a boat while under the influence of intoxicants and/or drugs, except as provided in § 55-10-403(h) . . . . .   17.50

                (iii)  Certification of criminal histories and records  . . . . .  Amount fixed by the federal bureau of investigation

          (B)  Except when and as provided in this subdivision (d)(1) and subdivision (e)(2), the appropriate clerk, after deducting five percent (5%) as compensation, shall identify those fees to the Tennessee bureau of investigation and remit the fees to the state treasury to be expended as appropriated by the general assembly. The appropriate clerk shall, after deducting five percent (5%) as compensation, remit the fees provided in subsection (d) directly to the county trustee of any county having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), according to the 2000 federal census or any subsequent federal census, that operates its own forensic laboratory and performed the test or tests on the convicted person. The appropriate clerk shall, after deducting five percent (5%) as compensation, remit the fees provided in subdivision (d)(1)(A) directly to the county trustee of any county in the ninth judicial district that jointly establishes or operates its own forensic laboratory. The county trustee shall direct the fees as directed by the multi-county forensic laboratory task force of the ninth judicial district or the governing body of each county. The governing body of any county in the ninth judicial district is authorized to appoint a member or members to a multi-county task force of the ninth judicial district that is authorized to establish, create and maintain a publicly funded forensic laboratory for use by these counties. All such funds collected by the trustees of these counties shall be used exclusively to create and maintain a publicly funded forensic laboratory as authorized by the governing body of each county.

     (2)  Upon approval of the director, local governing bodies which have the responsibility for providing funding for sheriffs' offices and police departments are authorized to purchase from state contracts approved for bureau purchases, scientific instruments designed to examine a person's breath and measure the alcohol content of a person's breath, for use as evidence in the trial of cases; provided, that prior to use of the scientific instruments, such instruments must be delivered to the forensic services division for testing and certification pursuant to subsection (g). The bureau shall continue to maintain and certify the instruments and operating personnel, pursuant to subsection (g), and furnish expert testimony in support of the use of the scientific instruments when required.

(e)  (1)  Any fees authorized for services rendered by the bureau that are not incident to a court case shall be paid to the Tennessee bureau of investigation for deposit with the state treasurer for expenditure as provided for by this section.

     (2)  Every local governing body purchasing the instruments pursuant to subsection (d) shall report the use of the instrument to the clerk of the court, for inclusion of the service fee as a part of the court costs, which service fee shall be disbursed to the local governing body until the purchase price is recovered. Thereafter, the service fee shall be disbursed by the clerk to the bureau, for payment to the state treasurer as required by subsection (f).

(f)  All revenue resulting from fines, forfeitures and services rendered by the bureau shall be paid to the state treasurer and used only as appropriated by the general assembly.

(g)  The bureau, through its forensic services division, shall establish, authorize, approve and certify techniques, methods, procedures and instruments for the scientific examination and analysis of evidence, including blood, urine, breath or other bodily substances, and teach and certify qualifying personnel in the operation of such instruments to meet the requirements of the law for the admissibility of evidence. When examinations, tests and analyses have been performed in compliance with these standards and procedures, the results shall be prima facie admissible into evidence in any judicial or quasi-judicial proceeding, subject to the rules of evidence as administered by the courts.

(h)  (1)  Effective July 1, 2006, there is created within the Tennessee bureau of investigation's serology/DNA unit, six (6) additional special agent/forensic scientist positions to perform DNA analysis in criminal investigations. The positions shall be in addition to any position that was created and funded prior to July 1, 2006, or that may be created in the future. The director shall determine to which of the bureau's forensic laboratories each of the six (6) special agents/forensic scientists employed pursuant to this subsection (h) shall be assigned. The assignments shall be based upon the number of criminal investigations requiring DNA analysis in each of the laboratories, the DNA analysis backlog and such other factors as the director determines will most quickly and efficiently reduce the backlog of DNA samples awaiting analysis.

     (2)  When the backlog of criminal investigations awaiting DNA analysis becomes current, the director shall continue to utilize these six (6) positions in the various bureau laboratories, as needed to prevent any future backlog of analysis requests and to expedite the analysis of future requests.

[Acts 1951, ch. 173, § 3 (Williams, § 11465.12); Acts 1980, ch. 636, § 3; 1980, ch. 810, § 1; 1981, ch. 512, § 1; T.C.A. (orig. ed.), § 38-503; Acts 1985, ch. 124, §§ 1-3; 1987, ch. 104, § 1; 1990, ch. 847, § 1; 2006, ch. 891, § 1; 2006, ch. 998, § 3; 2007, ch. 374, § 3.]  

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